Legal Question in Civil Litigation in Georgia

Is the Georgai General Assembly a legal entity that can be sued, and if so, who accepts service?


Asked on 4/29/12, 12:02 pm

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

As individual legislators the Georgia General Assembly members have absolute official immunity for their legislative acts, meaning that your suit would be dismissed regardless of the legislators' motivations for any legislative choice that you regard as illegal. If you are planning to sue the General Assembly as an entity, the State of Georgia would be the proper party to sue. The state has sovereign immunity, however, and you would need to follow the provisions of the Georgia Tort Claims Act before suing under a state law. If you would be suing under a federal statute which has successfully pierced state sovereign immunity, (e.g. Title VII) you could sue the state as an entity. I believe the proper individual to sue would be the Attorney General of Georgia.

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Answered on 5/21/12, 8:20 am


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